Traditional Knowledge in Intellectual Property Law and Practice

9780199571659

0199571651

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Summary

This is the first comprehensive and practical legal text to examine the protection of, access to, and commercialization of traditional knowledge, genetic resources and traditional cultural expressions. The topics covered include ownership, benefit-sharing, disclosure of origin, creation of intellectual property rights, coherence and consistency with international intellectual property regimes. The author considers also how these areas of knowledge are protected and understood in various jurisdictions and within different and sometimes competing legal frameworks. Taking an international and comparative approach, the book sets out the theory and practice with reference to key decisions, legislative responses, international discussions and resolutions, and other important documents. As well as primary materials (international and national), the coverage includes related influential materials from various stake-holders including industry groups, non-governmental organizations, and indigenous groups, all of which continue to inform the practical context in which these legal developments occur and are applied. Intellectual property rights is significant to traditional knowledge as they gaurantee both an individual's and a group's right to protect and benefit from its own cultural discoveries, creations, and products. Traditional knowledge is of interest to a broad range of disciplines and hence this book, for the first time, provides the reader with a book compatible to their needs. As it is emerging as a new and important practice area, this timely work fills a gap in the current existing literature.

Author Biography

Johanna Gibson is the Herchel Smith Professor of Intellectual Property Law and Director of the Queen Mary Intellectual Property Research Institute at Queen Mary, University of London. She has also been admitted as a solicitor and barrister at the Supreme Court of Victoria, Australia. She has written books and numerous articles on intellectual property law, in particular on protecting indigenous cultural resources and expressions.